How Many Times Has Congress Declared War?
The Constitution of the United States grants Congress the power to declare war, stating in Article I, Section 8 that "the Congress shall have Power… to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." This explicit grant of authority is unique among nations, as many countries delegate war-making power to the executive branch.
Despite this constitutional authority, Congress has only formally declared war a handful of times in the country’s history. This raises an intriguing question: How many times has Congress declared war?
Formal Declarations of War
- American Revolutionary War (1775-1783): The first declaration of war was issued against Great Britain on June 18, 1775, by the Continental Congress.
- War of 1812 (1812-1815): The War of 1812 was declared by Congress on June 18, 1812.
- Mexican-American War (1846-1848): The United States declared war against Mexico on May 13, 1846.
- Spanish-American War (1898): The United States declared war against Spain on April 25, 1898.
- World War I (1917-1918): The United States declared war against Germany and Austria-Hungary on April 6, 1917.
- World War II (1941-1945): The United States declared war against Japan on December 8, 1941, after the attack on Pearl Harbor.
- Korean War (1950-1953): Congress declared a state of national emergency and authorized the President to engage in the conflict on June 28, 1950.
Informal Authorizations and Conflicts
- Vietnam War (1955-1975): Congress passed the Gulf of Tonkin Resolution on August 7, 1964, authorizing the President to take military action against North Vietnam without a formal declaration of war.
- Gulf War (1990-1991): Congress authorized the President to use military force to liberate Kuwait on January 12, 1991.
- War in Afghanistan (2001-present): Congress passed the Authorization for Use of Military Force on September 14, 2001, authorizing the President to use military force against those responsible for the 9/11 attacks.
- War in Iraq (2003-2011): Congress authorized the President to use military force to invade Iraq on October 11, 2002.
- Libyan Civil War (2011): Congress authorized the President to use military force to assist in the Libyan Civil War on March 21, 2011.
- Syrian Civil War (2011-present): Congress has authorized the President to use military force against the Islamic State in Iraq and Syria (ISIS) on multiple occasions since 2014.
Modern Trends
- Protracted Conflicts: In recent years, the nature of war has shifted away from formal declarations and toward more informal, protracted conflicts.
- Unfunded Mandates: The Authorization for Use of Military Force (AUMF) has become the standard mechanism for authorizing military action, often with limited funding and unclear limits.
- Executive War Power: The President’s power to wage war without Congress has grown, raising concerns about the balance of power between the branches.
Conclusion
In summary, Congress has formally declared war five times in U.S. history:
- American Revolutionary War
- War of 1812
- Mexican-American War
- Spanish-American War
- World War I
- World War II
- Korean War
Congress has also authorized the use of military force informally through various resolutions and authorization acts, often without providing clear limits or funding.
As the nature of warfare continues to evolve, it is essential to revisit the balance of power between Congress and the President. While the Constitution grants Congress the authority to declare war, the President’s war powers have expanded significantly.
